Introduction
Criminal Behavior is generally defined as the breach of rules or laws by some governing authority. The rules and laws are dependent on the authority and vary across nationalities, groups of people, and history. This stance aims to address what are commonly referred to Victimless Crimes, where a crime was committed (broke a law) but there is no direct apparently victim. Common examples include drunk driving, drug use, prostitution, homosexuality, specific religious beliefs & euthanasia.
Stance Summary
Following from the Primary Foundational Principle1, making victimless actions a crime is by definition a violation of the "criminals" right to do what he will do without aggressing on someone else's free acts. There should be no laws against victimless crimes as without a victim, the "criminal" is utilizing his own body to freely act against himself, and he may do so whether he commits harm to himself or not.
Personal Actions Based on Stance
I do not utilize the law to enforce morality on people. I do not call the police if I smell someone smoking an illicit substance, nor do I interfere in any way; akin to how I view someone drinking alcohol. Even if personal abuse is occurring (like an alcoholic) the last thing they need is someone judging them for their actions; their are other, more effective methods for assisting people out of their potential misery besides jail and fines.
Therefore I do not and will not report on victimless crimes, and can not to do otherwise lest my conscience strike me.
Expansion
Basics
The basics of why victimless crimes shouldn't be punished is addressed a bit above, but to continue those thoughts realize that the nut of the matter isn't that the Law is to protect people from themselves, but to offer a code of conduct between people. It's about strengthening relationships. Individually people have always had the ability to do what they will with relationships. Create or destroy. Hinder and help. To form laws against that is not only inane, but destructive to human behavior. If we are to guard people against their own actions that are deemed destructive or dangerous, then why stop where we have as a society? Why do we allow such things like Football and other aggressive sports? It's voluntary but people get hurt constantly. Why do we allow lying? Lying destroys relationships, maybe more so than physical abuse. Either the Law needs to guard us all like children no matter what, or back off and only assist as code of conduct between people that gives people a frame of reference to which they can go about their social lives. To give examples, let's go over the examples used in the above introduction.
Drunk Driving
Drunk driving is dangerous behavior, but so is texting while driving, talking on the phone, or even talking to a passenger. Not only that, but some drunk drivers are better then non-drunk drivers, so who should be illegal there? The dangerous driver because he's young and inexperienced or the experienced drunk driver? It isn't drunk driving that should be the crime, nor the inexperience, but rather the destruction that can happen; regardless of whether the driver was drunk, angry, or just inexperienced. Should the state of the person doing the actions be taken into account? Tough question, refer to the Jail System2 blog post for more information. Behavior patterns get taking into account for insurance purposes, but shouldn't affect justice.
Drug Use
Drugs can very well harm people. That is known fact. But then again, so can excessive amounts of whole wheat bagels or McDonald's happy meals. Some substances do no harm in small amounts (marijuana and whole wheat bagels), some substances do no lasting harm unless a behavior pattern is formed (cocaine and McDonald's happy meals), other substances do harm no matter what (meth). Sure we don't want our 6 year old kids getting into meth because it is legal, but nor do we want them acquiring a loaded gun, a rusty sharp nail or a piece of candy from a stranger. How do parents protect against that currently? They take it upon themselves to guard, teach and grow the child to avoid such dangerous behavior. Drug use should also be taken on by parents, not by legislators.
Prostitution
Consensual Sex. It happens between unwed people consistently in the modern world. Happens between strangers (one night stands), and long time lovers. It is often the point of a man to spend money buying a girl trinkets, food, gowns and other such goods in order to "get laid". Why should not a man or a woman be allowed to skip the blather and get straight to what they want? The author does not advocate, partake, nor condone of illicit sex, whether through prostitution or general slut like behavior. But he does advocate people's rights to do so, voluntarily.
Homosexuality
Should Homosexuality be illegal? Heavens no! No argument here in most western cultures. Again, it isn't the consunel acts that should be illegal, only the non-voluntary ones, and thus aggressive. Rape is still rape whether it's done by a lesbian female or a homosexual man; and vice versa. Same goes for child abuse, the state of the aggressors mind and body shouldn't get taken into account over what was actually done. The actions are what is needed to be dealt with.
Specific Religious Beliefs
Throughout history, and even in the modern world still, specific religious beliefs are illegal. Some because they have destructive behaviors which lead to deaths (drinking the Kool-aid), others because those in power have different beliefs and don't want the competition. Most readers of this blog will easily agree that religious beliefs should not be made illegal, only the coercive actions that stem from it.
Euthanasia
Tough one, I'm going to leave this for another time
Closing
If the law's primary function isn't to aggressively pursue restricting destructive behavior, but to stay focused on attempting to "right wrongs" and bring justice to conflicts and victims. Then if there IS no victim or conflict because the actions stay focused on an individual from that individual, then the law should have no say in the matter. Victimless crimes shouldn't be crimes; just individual actions.
Sources
Suggested Reading
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